Case Details

Citation(s)
1970 SLG 776 1970 SLD 776 1970 PCRLJ 393
Sindh High Court
Criminal Revision No. 35 of 1969 Transfer Application No. 296 of 1956, 16th June, 1969
DARAB PATEL, J

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Syed Ghulamali Shah

VS

The District Magistrate And Tribunal, Sanghar

Law:

Section:

Keywords: Petition, Call, Provisions, Offences, Objections, Procedure, Evidence, High Court, Determination, Property, Prosecution, Order, Constitution, Rectification, Interim Relief, Ultra Vires, Recording Evidence, Criminal Proceedings, Petitioner, Proceedings, Division, Damage Caused, Grounds, Relief, Jurisdiction, Illegal, Interim Order, Set Aside, Orders, Recording, Omission Result: Revision dismissed ORDER Proceedings under section 13 of the West Pakistan Control of Goondas Ordinance, 1959 (hereafter called the said Ordinance) have been instituted against him. Shahdadpur but no final orders have been passed against him. According to the petitioner these proceedings therefore, he filed a revision application under the Ordinance read with section 561-A, Cr. P. C. 1969 the petitioner filed an amended application, which has now come up for hearing before me. 2. The petitioner has appeared in person and advanced only two legal objections to the proceedings instituted against him. These objections are that the said Ordinance is ultra vires of the powers of the Governor and that the Tribunal in Shahdadpur before whom the petitioner has to appear is illegal because there is already another Tribunal under the Ordinance functioning in the District of Shahdadpur.. The provisions of section 19 of the Ordinance state as follows :- "In relation to any such order under section 4, or section 13, or section 16 the High Court may call for the record of the case and if the Tribunal or the Commissioner appears (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally, the High Court may make such .Direction as it may deem sufficient for the rectification of the error or omission and the Tribunal or the Commissioner shall conduct itself, or himself, as the case may be, accordingly." On a plain reading of this section, it appears to me that tl- is Court's jurisdiction is barred because no order whatever ha been passed against the petitioner. However, the petitioner contended that his case was supported by a judgment of this Court in Sher Muhammad v.…
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